TITLE VII-MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED
FELONIES
SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED
CERTAIN FELONIES.
Section 3559 of title 18, United States Code, is amended-
(1) in subsection (b), by striking "An" and inserting "Except as
provided in subsection (c), an" in lieu thereof; and
(2) by adding the following new subsection at the end:
"(c) Imprisonment of Certain Violent Felons.-
"(1) Mandatory life imprisonment .-Notwithstanding any other provision
of law, a person who is convicted in a court of the United States of a
serious violent felony shall be sentenced to life imprisonment if-
"(A) the person has been convicted (and those convictions have become
final) on separate prior occasions in a court of the United States or
of a State of-
"(i) 2 or more serious violent felonies; or
"(ii) one or more serious violent felonies and one or more serious
drug offenses; and
"(B) each serious violent felony or serious drug offense used as a
basis for sentencing under this subsection, other than the first, was
committed after the defendant's conviction of the preceding serious
violent felony or serious drug offense.
"(2) Definitions .-For purposes of this subsection-
"(A) the term 'assault with intent to commit rape' means an offense
that has as its elements engaging in physical contact with another
person or using or brandishing a weapon against another person with
intent to commit aggravated sexual abuse or sexual abuse (as described
in sections 2241 and 2242);
"(B) the term 'arson' means an offense that has as its elements
maliciously damaging or destroying any building, inhabited structure,
vehicle, vessel, or real property by means of fire or an explosive;
"(C) the term 'extortion' means an offense that has as its elements
the extraction of anything of value from another person by threatening
or placing that person in fear of injury to any person or kidnapping
of any person;
"(D) the term 'firearms use' means an offense that has as its elements
those described in section 924(c) or 929(a), if the firearm was
brandished, discharged, or otherwise used as a weapon and the crime of
violence or drug trafficking crime during and relation to which the
firearm was used was subject to prosecution in a court of the United
States or a court of a State, or both;
"(E) the term 'kidnapping' means an offense that has as its elements
the abduction, restraining, confining, or carrying away of another
person by force
or threat of force;
"(F) the term 'serious violent felony' means-
"(i) a Federal or State offense, by whatever designation and wherever
committed, consisting of murder (as described in section 1111);
manslaughter other than involuntary manslaughter (as described in
section 1112); assault with intent to commit murder (as described in
section 113(a)); assault with intent to commit rape; aggravated sexual
abuse and sexual abuse (as described in sections 2241 and 2242);
abusive sexual contact (as described in sections 2244 (a)(1) and
(a)(2)); kidnapping; aircraft piracy (as described in section 46502 of
Title 49); robbery (as described in section 2111, 2113, or 2118);
carjacking (as described in section 2119); extortion; arson; firearms
use; or attempt, conspiracy, or solicitation to commit any of the
above offenses; and
"(ii) any other offense punishable by a maximum term of imprisonment
of 10 years or more that has as an element the use, attempted use, or
threatened use of physical force against the person of another or
that, by its nature, involves a substantial risk that physical force
against the person of another may be used in the course of committing
the offense;
"(G) the term 'State' means a State of the United States, the District
of Columbia, and a commonwealth, territory, or possession of the
United States; and
"(H) the term 'serious drug offense' means-
"(i) an offense that is punishable under section 401(b)(1)(A) or 408
of the Controlled Substances [*H8823] Act (21 U.S.C. 841(b)(1)(A),
848) or section 1010(b)(1)(A) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)(1)(A)); or "(ii) an offense under State
law that, had the offense been prosecuted in a court of the United
States, would have been punishable under section 401(b)(1)(A) or 408
of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A), 848) or
section 1010(b)(1)(A) of the Controlled Substances Import and Export
Act (21 U.S.C. 960(b)(1)(A)).
"(3) Nonqualifying felonies .-
"(A) Robbery in certain cases .-Robbery, an attempt, conspiracy, or
solicitation to commit robbery; or an offense described in paragraph
(2)(F)(ii) shall not serve as a basis for sentencing under this
subsection if the defendant establishes by clear and convincing
evidence that-
"(i) no firearm or other dangerous weapon was used in the offense and
no threat of use of a firearm or other dangerous weapon was involved
in the offense; and
"(ii) the offense did not result in death or serious bodily injury (as
defined in section 1365) to any person.
"(B) Arson in certain cases .-Arson shall not serve as a basis for
sentencing under this subsection if the defendant establishes by clear
and convincing evidence that -
"(i) the offense posed no threat to human life; and
"(ii) the defendant reasonably believed the offense posed no threat to
human life.
"(4) Information filed by united states attorney .-The provisions of
section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a))
shall apply to the imposition of sentence under this subsection.
"(5) Rule of construction .-This subsection shall not be construed to
preclude imposition of the death penalty.
"(6) Special provision for indian country .-No person subject to the
criminal jurisdiction of an Indian tribal government shall be subject
to this subsection for any offense for which Federal jurisdiction is
solely predicated on Indian country (as defined in section 1151) and
which occurs within the boundaries of such Indian country unless the
governing body of the tribe has elected that this subsection have
effect over land and persons subject to the criminal jurisdiction of
the tribe.
"(7) Resentencing upon overturning of prior conviction .-If the
conviction for a serious violent felony or serious drug offense that
was a basis for sentencing under this subsection is found, pursuant to
any appropriate State or Federal procedure, to be unconstitutional or
is vitiated on the explicit basis of innocence, or if the convicted
person is pardoned on the explicit basis of innocence, the person
serving a sentence imposed under this subsection shall be resentenced
to any sentence that was available at the time of the original
sentencing.".
SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.
Section 3582(c)(1)(A) of title 18, United States Code, is amended- (1)
so that the margin of the matter starting with "extraordinary" and
ending with "reduction" the first place it appears is indented an
additional two ems;
(2) by inserting a one-em dash after "that" the second place it
appears;
(3) by inserting a semicolon after "reduction" the first place it
appears;
(4) by indenting the first line of the matter referred to in paragraph
(1) and designating that matter as clause (i); and
(5) by inserting after such matter the following:
"(ii) the defendant is at least 70 years of age, has served at least
30 years in prison, pursuant to a sentence imposed under section
3559(c), for the offense or offenses for which the defendant is
currently imprisoned, and a determination has been made by the
Director of the Bureau of Prisons that the defendant is not a danger
to the safety of any other person or the community, as provided under
section 3142(g);".